THE DUISEATTLE.COM BLOG tag:typepad.com,2003:weblog-17115902015-07-11T10:52:40-07:00Your 2015 Community Resource for DUI and
Criminal Traffic Defense in Washington State. Writings of Seattle DUI and Criminal Lawyer James Kotlowski. A Discussion of Washington State DUI, Physical Control, Felony DUI, Vehicular Assault, Reckless Driving, Reckless Endangerment, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. OVER 20 years of experience. Call or Text right now - 206.335.2422 for a Free Consultation.
TypePadIs using a hand held mobile phone a primary offense?tag:typepad.com,2003:post-6a00e553da03ec883301b8d1365786970c2015-07-11T10:52:40-07:002015-07-11T10:52:40-07:00Yes. In Washington State you can be stopped just for using your cell phone hand held. (which means holding up against your ear) Sometimes these stops will lead to more serious charges such as DUI's. Using your cell phone "hands-free"...James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/07/is-using-a-hand-held-mobile-phone-a-primary-offense.htmlHow long is SR-22 Insurance for a Physical Control conviction?tag:typepad.com,2003:post-6a00e553da03ec883301b8d12b2882970c2015-06-20T09:34:33-07:002015-06-20T09:34:33-07:00You will be required to have SR-22 Insurance for 3 years on a Physical Control conviction. This is also the same for DUI and Reckless Driving convictions.James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/06/how-long-is-sr-22-insurance-for-a-physical-control-conviction.htmlHow soon will I have to report to Jail on a DUI conviction?tag:typepad.com,2003:post-6a00e553da03ec883301b7c79f26c0970b2015-06-15T17:43:17-07:002015-06-15T17:45:57-07:00Typically, the Court will give you thirty (30) days at the Sentencing Hearing to report to Jail. However, if you need longer and have a good enough reason the Court may grant a longer period. You will not usually be...James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/06/how-soon-will-i-have-to-report-to-jail-on-a-dui-conviction.htmlCan I do community service in lieu of Court Cost and Fines?tag:typepad.com,2003:post-6a00e553da03ec883301b8d12886df970c2015-06-15T17:39:41-07:002015-06-15T17:39:41-07:00Maybe. Some Courts including King County District Court may allow you to do community service in lieu of at least some of the Court Costs and fines. Your attorney needs to ask for this option at Sentencing.James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/06/can-i-do-community-service-in-lieu-of-court-cost-and-fines.htmlAre you required to appear at your DUI Court Hearings in Washington State?tag:typepad.com,2003:post-6a00e553da03ec883301b7c79e7fad970b2015-06-14T18:48:44-07:002015-06-14T18:48:44-07:00Yes. Unlike some States where your attorney can appear for you for some hearings - in Washington you are required to appear at all DUI Court Hearings. However, in exceptional cases the Court may waive your appearance for some hearings.James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/06/are-you-required-to-appear-at-your-dui-court-hearings-in-washington-state.htmlDoes the Breath Test Room have video?tag:typepad.com,2003:post-6a00e553da03ec883301b7c79d0b2d970b2015-06-11T17:47:58-07:002015-06-11T17:49:42-07:00Some, but not all. Most Seattle Police Department precincts and the UW/Port of Seattle have them. However, the Washington State Patrol generally does not. I have suppressed (kept out of evidence) many a breath test (BAC) because of failure to...James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/06/does-the-breath-test-room-have-video.htmlHow many days notice do I recieve of the DOL Hearing decision? tag:typepad.com,2003:post-6a00e553da03ec883301bb08410e18970d2015-06-11T12:09:09-07:002015-06-11T12:12:55-07:00Typically, the Washington State Department of Licensing (DOL) Hearing Officers will give you 7-10 calender days notice of your pending suspension or revocation. This timeline applies if your not successful at the DOL Administrative Hearing. Unfortunately, it is not very...James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/06/how-many-days-notice-do-i-recieve-of-the-dol-decision-.htmlCan I do a second deferred prosecution for my DUI?tag:typepad.com,2003:post-6a00e553da03ec883301bb08410d4d970d2015-06-11T12:03:28-07:002015-06-11T12:03:48-07:00No. Unfornuately, with DUI's you are limited to one (1) deferred prosecution in your lifetime. So even if you did a deferred prosecution - when more than one was allowed - you will still not be eligible.James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/06/can-i-do-a-second-deferred-prosecution-for-my-dui.htmlCan the Judge reject my alcohol/drug evaluation? tag:typepad.com,2003:post-6a00e553da03ec883301b8d1245869970c2015-06-08T12:38:33-07:002015-06-08T12:43:11-07:00Yes. It does not happen very often, but occasionally a Judge will reject an alcohol/drug evaluation and force you to get a new one. It really depends on the defendant's history or the specific facts of the case. Often ,...James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/06/can-the-judge-reject-my-alcoholdrug-evaluation-.htmlHow many days in advance do I have to subpoena officer for the DOL Hearing?tag:typepad.com,2003:post-6a00e553da03ec883301bb08360722970d2015-05-28T16:02:47-07:002015-05-28T16:03:25-07:00Ten (10) business days is the requirement not including the day of service. The subpoena must be signed by a Department of Licensing (DOL) Hearing Officer and accompanied by the witness fee check. See link for form. DOL SubpoenaJames Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/05/how-many-days-in-advance-do-i-have-to-subpoena-officer-for-dol-hearing.htmlCan I vacate my Reckless or Negligent Driving charge?tag:typepad.com,2003:post-6a00e553da03ec883301b7c7916c4d970b2015-05-27T15:38:18-07:002015-05-27T15:59:44-07:00Yes. Most of the time - if you meet specific conditions. (i.e. no new criminal convictions among others) You can still vacate a Reckless or Negligent Driving conviction reduced from DUI. However, because of recent changes to the law the...James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/05/can-i-vacate-my-reckless-or-negligent-driving-charge.htmlHow much can I expect to pay for a deferred prosecution mental health evaluation?tag:typepad.com,2003:post-6a00e553da03ec883301b7c79144c4970b2015-05-27T10:40:47-07:002015-05-27T10:41:58-07:00Typically, $500-$1000. The prices definitely vary by treatment agency so you may shop around. However, going to a treatment agency or mental health provider that has done deferred prosecution mental health evaluations before is very important. If they do not...James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/05/how-much-can-i-expect-to-pay-for-a-deferred-prosecution-mental-health-evaluation.htmlDo I testify at the DOL Hearing?tag:typepad.com,2003:post-6a00e553da03ec883301b7c78f6866970b2015-05-23T18:22:33-07:002015-05-23T18:22:33-07:00Probably not. Unless it is a refusal case I do not normally have my client testify at the Department of Licensing (DOL) administrative hearing. Usually, the client's testimony will not make any difference.James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/05/do-i-testify-at-the-dol-hearing.htmlCan I do a Payment Plan for my Attorney Fee?tag:typepad.com,2003:post-6a00e553da03ec883301b8d118adc0970c2015-05-22T20:25:11-07:002015-05-22T20:25:11-07:00Yes. Kotlowski Law Office PLLC offers very flexible down payments and monthly payment plans for your DUI attorney fee. Down payments may start as low as $1000.00. Typical monthly payments range from $200.00 to $500.00. See Online Case Evaluation or...James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/05/can-i-do-a-payment-plan-for-my-attorney-fee.htmlShould I take the roadside tests?tag:typepad.com,2003:post-6a00e553da03ec883301bb08310168970d2015-05-19T12:02:31-07:002015-05-19T12:03:22-07:00No. Politely decline. I always recommend against taking the Roadside Field Sobriety Tests. (HGN, Walk & Turn, One Leg Stand and Portable Breath Test) In Washington State, these tests are voluntarily, unreliable and difficult to complete in the best of...James Kotlowskihttp://duiseattleblog.typepad.com/dui_seattle/2015/05/should-i-take-the-roadside-tests.html